OPM Retirement for Mental or Physical Incapacity: Challenges

Throughout life, they are always there — some, we take up; others, we ignore; and still others, we consider and perhaps avoid, and sometimes leave with the regret that not having taken the challenge may have left an empty void within our souls, but we will never know.  Some challenges we create; others, they just come along without even asking; and still others, it just appears that circumstances coalesce beyond our control and they just appear out of nowhere, neither asked for nor necessarily desired.

Health challenges are an inevitability.  Yes, there is the rare one who lives to be a 103, never was sick in a day of his or her life, and suddenly dies while doing an activity which was enjoyed throughout one’s life; or of those women in Siberia or some other exotically barren land who made and ate their own yoghurt or remained throughout on some other healthy diet because the environment left them no other choice, and somehow avoided the ravages of illness, fast-food restaurants, greasy cheeseburgers, French fries that were marinated and cooked in engine oil, traumatic injury or other deteriorating health conditions that could not be attributed to anything but a lifetime of a particular lifestyle choice.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the challenges are many: Continuation of a career or not?  Enduring of harassment for taking too much SL or LWOP, or surviving the PIP?  Possible termination to be faced in the near future?

And the ultimate challenge: Preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset — now that is a challenge for the ages, given the complex nature of the administrative process called “Federal Disability Retirement”.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement Legal Representation: Future uncertainty

It is a peculiarly human endeavor to reflect upon and ruminate; to consider that which has not yet occurred, and to worry about it, turn it over, consider the options, become so ensconced in the details of that which is still yet to become, if at all, and to will anxiousness and even harm one’s health over it.

Does the dog that one has known for many years engage in such conceptual angst, and project one’s self towards a time yet to become?  Well, yes — there can be a similar sense of anticipation; of prefatory behavior in response to an approaching hour.  If, on every Sunday at noon a tremendous noise is heard, dogs and other animals can be ‘trained’ into becoming anxious for several hours before the event, and act accordingly.

Is that merely an inculcated imprint, or is there some lengthy thought process — reflection, rumination or anticipatory consternation — involved in the anxious behavior exhibited?  Is there a distinction to be made in the manner in which human beings behave towards future uncertainty, or is the difference merely one of degrees?  Does our capacity towards an insular universe, self-contained within thoughts and boundless tangential roads that lead to greater depths of despair and self-inflicted despondency differ from the trained responses as exhibited by other species?  Or, is our capacity simply of “more”, and the extent of our means merely one of exponential exhibitionism?

Future uncertainty — what is it?  Is it a learned response or a human peculiarity of untold evolutionary need?  How does one engage in it, and are there better coping mechanisms than others?  Does life’s experiences grant any reprieve, or are we all subjected to its devastating effects?  Do the wealthy experience it in the same manner, or does it merely take an extremely selfish personality — one that cares nothing for others and thus feels no sense of obligation in forestalling any belief in future doom that may befall family members — to avoid the angst of foreboding tides?

For Federal employees and U.S. Postal workers who have that sense of future uncertainty because of a medical condition that has begun to prevent the performance of one or more of the essential elements of one’s job, the obvious antidote to such feelings is to prepare, formulate and file an effective Federal Disability Retirement application, to be submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Yes, the future may appear uncertain at this moment; yes, the sense of not knowing gives a recognition of anxiousness that seems never-ending; and no, filing a Federal Disability Retirement application is not the answer to all problems presented.  However, it is at least a start — to refocusing one’s attention to the priorities of life’s foundational precepts: of health and in securing some semblance of a future yet to be determined, but to be anticipated not with a foreboding sense of gloom, but of a tomorrow that may yet promise a day after.

Sincerely,

Robert R. McGill, Esquire

 

OPM Disability Retirement: Human & humane activity

Does the dropping of the single vowel make a difference?  Should it?  Or, should the very status of being “human” encompass and naturally include being “humane”, as well?  Should they not be synonyms, or even indistinguishable as an amalgamation of vowels and consonants, as opposed to two distinct words, even if one is considered as a mere extension of the other?

For, it is precisely the unique characteristic and capacity of the former to exhibit the latter, and it is the latter which defines the essence of the former; and so, in many respects, they are identical terms, even if the latter contains a total of 6 letters, comprised of 3 consonants and 3 vowels, whereas the former has one less, with 1 more consonant than a vowel, making it into an uneven number of letters as opposed to a balanced equality of 3 to three, and making it into a ratio of 3:2.

Yet, doesn’t the essence of X require the need for an antonym to exist in order for a contrast to magnify the truth of it?  Thus do opposites enhance each other – does “Being” make any sense without “Nothingness?”  Would “happiness” have an existential sense without “sadness”?  In that logical entrapment, doesn’t the essence of being “human” require, by logical necessity and extension, the capacity to act its opposite – of cruelty, inhumanity, genocidal tendencies and masochistic egoism of the highest order?

That is the unfortunate reflection of reality from the refraction of a word; being “human” does not necessarily compute to being “humane”, although its opposite is apparently not true – if one is “humane”, one necessarily posits that the active agent of such empathy, caring and sensitive treatment is that of a “human”, and not some other species of animal that can exhibit such a trait.  But is this true in all cases?  Do we not witness “humane” treatment by others – by dogs, cats and pigs, perhaps?  Or do we attribute other characteristics to explain away such behavior – such as “loyalty”, “habit” or “trained behaviors”?

For Federal employees and U.S. Postal workers who suffer from a medical condition, such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, “humane” treatment by other “humans” is often sorely lacking.  What is it about having a medical condition that somehow brings out the worst in others?  Is it a fear that such a condition reflects a future reality that others see and want to avoid, and therefore begin to treat the person who possesses it like a plague of some short?

Agencies are supposed to treat workers with identified medical conditions in a “humane” way and, if they do not, there are laws concerning the requirement to “accommodate” in place; and, if there are no accommodations, then preparing an OPM Disability Retirement application is the next “humane” law that is there for the human being beset with a medical condition.

That is the peculiarity of laws, of course – they are passed by humans with the knowledge that they do not always engage in humane treatment, and that is why laws governing Federal Disability Retirement are there to be applied – for the human who requires being forced to engage in humane treatment of others, precisely because humans have shown a consistency tendency in history to act inhumanely.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: Giving lip service

What does it mean to merely give “lip service”?  Ultimately, it is the hypocrisy of committing to words the sincerity of inaction.  In other words, it is merely the utterance of words, with nothing to follow.  This is a society that speaks much, and does little.  We give lip service to the braggadocio of being a productive society, yet, concurrently admit to the massive loss of the manufacturing sector of our country.

Can a country whose primary essence is built upon a “service industry”, actually declare itself to be “productive”?  Can we truly instill fear and dread upon our enemies while simultaneously confessing that no ground troops will be deployed?  Can unmanned drones win wars?  Can we actually claim to have hundreds of “friends” if we have never met them, never been irritated by the subtleties of undesirable traits and personalities, yet have spats by mere tapping of the fingertips on a keyboard?

It is little wonder that we are a society of mere utterances, less action, and where words pile upon more words to voluminously detail the insincerity of the greater cumulative mountain of meaningless words.  Lip service is to promise the world and leave the scraps of society with mere leftovers.

Admiral Yamamoto was only half-right when he feared that, by successfully launching the sneak-attack upon Pearl Harbor which brought the United States into the Second World War, he had inadvertently awoken a sleeping giant; for, generations later, who remembers the words of the victors in the history of fallen empires, but the faint snoring of the giant gone back to sleep?

It is lip service we give, today, and the same we receive in return.  In a universe where language is both the essence of life, as well as the primary barrier to living it, the duality of clashing worlds where virtual reality dominates the phenomenology of currency, it is little wonder that we can, as a species, survive even a day.

What other animal turns to the technology of texting in the midst of an endangered life?  Of embracing an impotent shield of linguistic panorama when threat to safety prevails and calls upon the urgency of action?  Do other predators – and we are one, despite our denials by protecting endangered species who mirror our own violent history – scream when attacked, or do they growl with aggressive energy to compel our enemies to take heed?

Beware of the lip service, especially by those who would do us harm.

For Federal and Postal employees who begin the process of preparing, formulating and filing for Federal Disability Retirement benefits, whether under FERS, CSRS or CSRS Offset, the inclination is to be “fair” and to inform one’s Federal Agency or the U.S. Postal Service of one’s “intentions” concerning the process; but such information prematurely disseminated may come back to haunt, and one must always be wary and cautious of inane platitudes from coworkers, supervisors and managers who are empowered to harm.

For, the passing comment made, and returned with the innocuousness rising to the level of inaction in the lip service of those who pretend to be friendly, may come back to haunt with an administrative sanction which does some actual harm in this world of virtual reality in a language-filled emptiness.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement from Federal Government Employment: The Mercenary

Why is it that money taints with toxicity of motive?  If a person does something with no compensatory demand, does that fact alone make it less suspect?  Does the professional soldier who gets paid by one’s own country show a level of patriotism unblemished, but the one who hires out for monetary rewards by another, belie a code of honor?  What gives the scent of blemish, the hint of a soul’s impoverishment, and the sullied character of an inner decay?

Are we merely taught to remain in silent awe at the poor woman in the story of the miserly penny, and frown if a child begins laughing and saying, “What a fool to give up the last penny!”  Are saints born, or are they taught and disciplined, when the innate signs of cynicism may yet win out over the empathy of a fool’s errand?  What good is “goodness” in an evil world?  Do we remember Bonhoeffer, or was his courage forgotten amidst the thousands of graves both marked and without remembrance, in a world where community no longer exists and friends are counted by Facebook likes and never by the warmth of human comity?

Somehow, money taints, and the toxicity of the transfer sticks like mud to the boots of a killer, leaving tracks and traces in the bogs of lives tarnished.  Yet, it is the exchange by which dreams are made, the goal for which daily toil is endured, and the chances taken in bribes received in order to attain a measure of financial security and the declarative success of an age where hypocrisy dares to utter its laughable voice of despair.

Is it because we believe that mercenaries fail to believe in that which is being fought for, and instead confuse the means for an end we misguidedly believe should be the end in and of itself?  Does engaging an individual for purposes of honor, country, faith and other tropes of a nation’s visage of vacuous promises make it any more substantive if the abandonment of a country of its own vital principles reaches a point where such terms no longer apply?

There are those who romanticize the independence of the mercenary, despite the Geneva Convention restrictions which grant lesser protections in the event of capture; and, yet, history is replete with their use and presence, from Ancient Egypt during the rein of Pharaoh Ramesses II  to the French Foreign Legion and the British Gurkha regiments, and beyond to modern warfare.  But romanticization and reality often conflict and collide, and the remaining entrails of toxicity remain with the scent of avoidance.

In more quiet arenas of modern life, the term itself is often applicable not to fields of the battleground, but to individuals who “go after” others for rewards and reasons of similar taint and toxicity.  In the employment arena, there are mercenaries aplenty, and they are predators that devour with equal ferocity.

For the Federal employee or U.S. Postal worker under FERS, CSRS or CSRS Offset who suffers from a medical condition, such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, and therefore must prepare an effective Federal Disability Retirement application with the U.S. Office of Personnel Management, the duality of dangers must be faced.

First, the allegation that the Federal or Postal employee is merely being a “mercenary” by “taking advantage” of a generous system of medical retirements, and Second, to beware of the mercenaries of the Federal Agency or the U.S. Postal Service who aggressively go after the Federal or Postal employee weakened and unable to defend him or herself during the process of preparing, formulating and filing a Federal Disability Retirement application, precisely because of the medical condition itself.

In both instances, it is the mercenary instinct itself which dominates, and no amount of honor or faith in country can withstand the onslaught of the vicious outliers of such gossiping geese.

Sincerely,

Robert R. McGill, Esquire